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[Download] "Clary V. Basalt Rock Co." by Third Appellate District District Court Of Appeal Of California * Book PDF Kindle ePub Free

Clary V. Basalt Rock Co.

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eBook details

  • Title: Clary V. Basalt Rock Co.
  • Author : Third Appellate District District Court Of Appeal Of California
  • Release Date : January 18, 1950
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 59 KB

Description

This appeal is from an order of the trial court denying a motion by defendant for a change of the place of trial. The action was begun in Tehama County Superior Court. The complaint alleges the corporate capacity of the sole defendant; the making of a written contract between plaintiff and defendant effecting a sale of a business and certain machinery and equipment used therein; that no provision was made in the agreement of sale relative to the payment of any state sales tax which might accrue to the state; that plaintiff, as seller, had been notified that there was due to the State of California a sales tax upon the sale of the equipment; that plaintiff had requested defendant to pay the tax which defendant had refused to do; that plaintiff had not paid the tax, and interest and penalties were accruing; that the tax should be paid by the defendant to plaintiff to be transmitted to the state. After referring to various provisions of the Sales Tax Act of this state, the complaint then alleges that there is an actual controversy between plaintiff and defendant as to liability to pay the tax assessed and judgment is prayed declaring


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